DCA Blog

Arbitration for all: The Diminishing Ability to File Consumer Class Action Lawsuits

Arbitration Clauses In 2016, DCA published an article on arbitration clauses, which are found in almost every modern contract. The use of such clauses increased dramatically after two Supreme Court decisions, one in 2011, and another in 2013. Now, thanks to these rulings, businesses often force customers and employees into arbitration through small, “fine print” contract clauses. These clauses require contracting parties to resolve future disputes through a private process inste ...

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Can a Consumer Fix a Bad Credit Report?

The Fair Credit Reporting Act (“FCRA”) is a federal law that regulates credit reporting agencies. The FCRA compels these agencies to ensure that their reporting results in a fair and accurate summary of a consumer's credit history and was authored to protect consumers from damaging misinformation. Knowing Your Rights Maintaining a strong credit history is key to obtaining competitive interest rates on auto loans, mortgages, and other consumer purchases. Negative information on a cr ...

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Could Your Business Waive Its Right to Arbitrate by Participating in Litigation?

Arbitration clauses, which require parties to settle disputes through mediation (instead of through the courts) are common in many different types of contracts, including business contracts. But what happens when one business sues another—despite the existence of an arbitration clause in their contract? Whether that lawsuit survives often depends upon how the defendant responds to the complaint. Imagine that two businesses agreed to settle all contract-related disputes through arbitrati ...

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How the Supreme Court's Decision in Henson v. Santander Consumer USA Inc. Affects Unfair Debt Collection Practices

The federal Fair Debt Collections Practices Act (FDCPA) has long protected consumers from the more unsavory practices of debt collectors. Yet, on June 17, 2017, the Supreme Court issued a unanimous decision in Henson v. Santander Consumer USA Inc. that may limit these protections. In Henson, the plaintiffs filed a class action lawsuit alleging that Santander violated the FDCPA in its communications with them. Santander moved to dismiss the action, claiming it was not a “debt collector&rd ...

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Apparent Authority in Michigan

If an employee agrees to a contract on behalf of a business, is the business liable? It depends. If the owner authorized the employee to sign contracts on behalf of the business, then the business is responsible for any obligations under the signed contract. In legal terms, the authorized employee is an agent: a person who agrees to act on behalf of his/her principal (the business). The agent’s signature binds the principal to a contract. If the business subsequently fails to perform a ...

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